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Fasthorse v. State

Court of Appeals of Nevada
Jun 7, 2021
No. 81741-COA (Nev. App. Jun. 7, 2021)

Opinion

81741-COA

06-07-2021

LAVERN CHARLES FASTHORSE, Appellant, v. THE STATE OF NEVADA, Respondent.


UNPUBLISHED OPINION

ORDER OF AFFIRMANCE

GIBBONS, C.J.

Lavern Charles Fasthorse appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on August 3, 2020. First Judicial District Court, Carson City; James E. Wilson, Judge.

In his petition, Fasthorse claimed the district court lacked subject matter jurisdiction over his case because Nevada is subject to the Treaty of Guadalupe Hidalgo, his conviction violates the major crimes act because Nevada falls under federal authority, and the Nevada Revised Statutes were not properly enacted. Fasthorse failed to demonstrate his claims implicated the district court's subject matter jurisdiction. See Nev. Const, art. 6, § 6(1); NRS 171.010; Landreth v. Malik, 127 Nev. 175, 183, 251 P.3d 163, 168 (2011) ("Subject matter jurisdiction is the court's authority to render a judgment in a particular category of case." (internal quotation marks omitted)). Therefore, we conclude the district court did not err by denying the petition, and we

ORDER the judgment of the district court AFFIRMED.

We have reviewed all documents Fasthorse has filed in this matter, and we conclude no relief based upon those submissions is warranted. To the extent Fasthorse attempts to present claims or facts in those submissions which were not previously presented in the proceedings below, we decline to consider them in the first instance. See McNelton v. State, 115 Nev. 396, 415-16, 990 P.2d 1263, 1275-76 (1999).

TAO, J., BULLA, J.

HON. JAMES E. WILSON, DISTRICT JUDGE


Summaries of

Fasthorse v. State

Court of Appeals of Nevada
Jun 7, 2021
No. 81741-COA (Nev. App. Jun. 7, 2021)
Case details for

Fasthorse v. State

Case Details

Full title:LAVERN CHARLES FASTHORSE, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:Court of Appeals of Nevada

Date published: Jun 7, 2021

Citations

No. 81741-COA (Nev. App. Jun. 7, 2021)